The 60th annual Lawn Fete hosted by Resurrection Parish in Batavia is underway. The festival features rides, games, delicious food including a chicken dinner, beer tent with live entertainment and more! Located on the grounds of St. Joseph School on Main and Summit streets.

Last night a portion of Main Street was closed off to traffic in front of St. Joe's for some music and fun with The Hit Men from Rochester featuring Batavia residents.

The Carnival is open Saturday from 1 to 11 p.m. and Sunday from noon to 5 p.m. The carnival features a ride special from 1 to 5 p.m. on Saturday and noon to 5 p.m. on Sunday, with unlimited rides for $15. There are home-baked goodies for sale as well as hamburgers, hotdogs, sausage, pizza, fries and of course their famous waffles.

If you visited Valle Jewelers today, you probably met Megan Williams, mother of Brady, 9, who was diagnosed with neuroblastoma at 20 months.

The Williams family of Oakfield is one of the Alex's Lemonade Stand Foundation families around the nation that raises money to help fight pediatric cancer. The family has raised more than $30,000 for the foundation, mostly through the lemonade stand they set up every year at Oakfield's Labor Days festival.

Today, as they did last year, Valle's donated 10 percent of all sales to the foundation. 

Plus you got a free cup of lemonade from Megan.

The foundation today had a goal of raising $1 million nationally, through the participation of 36 families, representing the 36 children diagnosed every day with cancer.

The new public market -- a merger of the Business Improvement District's public market and the Genesee County Farmers' Market -- opened at Bank Street and Alva Place today.

A new vendor this year is Big Bossman's BBQ, run by Anthony Person, of Lockport.

Person said his family has a long tradition in the food business, and after his mother died recently, he wanted to keep the tradition going.

Fighting back tears, Pearson told WBTA's Alex Feig that he was president of his mother's company, Mrs. Ribs, but after she died, he didn't want to trade on her name, so he bought his own truck and called it Big Bossman's, a name his parents used for their first restaurant, which they ran out of their home.

The recipes have been handed down generation after generation in his family, from mother to mother to mother, going back to the family's days as slaves in the South. 

He was pleased to get invited to be a vendor in Batavia, he said.

"I’m a small businessman just trying to make an honest living just like anybody else, always looking for a way to expand my market, sell my product in new areas, and Batavia, I’ve always wanted to come this way and the Farmers' Market offered me a chance to showcase my cuisine," he said.

The market will be open for business from 9 a.m. to 5 p.m., Tuesdays, Thursdays and Fridays and will run through Oct. 28, weather permitting.

It's probably never happened in Batavia HS history -- three players participating in three different sports across the course of a single school year winning Section V title patches.

This year, Andrew Mruczek, Jake Schrider and Adonis Davis did it in football, basketball and track.

At a school that won six sectional titles this year, a few of other athletes came close, but the trifecta is a singular accomplishment.

"It means a lot to us," Schrider said. "It means we worked hard."

Davis agreed.

"It means hard work paid off," Davis said. "Going to summer camps and workouts to try and reach our goal to be sectional champions. It showed more this year."

It's also an accomplishment that hasn't drawn a lot of attention at school, Davis said. Everybody knows they're champions, but the never-before trifecta hasn't sunk in with the student body.

"They know we've won," Davis said. "They're proud of us, I guess, but they probably just haven't put it all together."

Athletic Director Michael Bromley said it's a great accomplishment that is rarely achieved by athletes in the region. In boys sports this year, Andrew Mruczek, Trevor Sherwood (football and basketball) and Noah Dobbertin (football and wrestling) came the closest when the baseball team lost a title game to Aquinas 2-1, and though several girls got two titles this year, none got quite as close to a third title.

Batavia was blessed with a great group of seniors this year, Bromley said, but also, a great homegrown coaching staff that is also very focused on success and the hard work it takes to achieve it.

The senior athletes, Bromley said, really came together this year and supported each other and their teammates as they competed throughout the year. Athletes not in competition jumped the stands as part of the Blue Zoo, the school's cheering section. They also rallied the school throughout each school day.

"They’re really going to be missed around here," Bromley said. "They were good leaders. They were positive leaders. They were role models. Sometimes you get classes come through who are not those things and this class really was and the school is going to miss them."

The support of classmates and teachers was really a motivating factor all year long, Davis said. 

"Everyone tells us they will come out the games and stuff and you don’t want to disappoint when you have a bunch of teachers and a bunch of students saying they’re coming," Davis said. "That motivates us when people are watching to do it for them.”

It's especially helpful, he said, with road games against bigger Monroe County schools.

"When we travel to other places against bigger schools, our fan base goes with us, and just having people behind us to cheer us on to at the other schools, the bigger schools, it’s more fun," he said.

Brennen Briggs, football, Buddy Brasky, basketball, and Nick Burke, track, are all Batavia HS graduates and lifelong residents. Bromley thinks that further fuels their dedication to the school and the athletic program.

"The time commitment they put into ti and the love they have for Batavia High School is evident," Bromley said. "Those guys are 12-month-a-year coaches. If you go by the track, come by the football field, go by a weight room, come by a gym, one of those guys is probably doing something.

"The real special part about it," he added, "is it seems over recent years is they’ve really come together. They support each other, they share kids, so that’s why we’re seeing a lot of success."

All three share a high level of commitment to hard work and motivating their kids to work hard and stick through the tough things, but given the nature of team sports, Briggs and Brasky also model hard work by watching hours and hours of game film week after week.

"They spend days each week on just looking at film and trying to figure out what we can do to be successful," Bromley said. "The kids have bought into that. They know the coaches are going to work hard for them, so that’s why they work hard."

Asked which coach is the toughest on them, Mruczek, Schrider and Davis said Brasky is, hands down.

"He takes you to a whole new level," Mruczek said. "You've got to be tough. He drives you hard."

Schrider said there's no slacking off during a Brasky-led practice.

"You've got to give 120 percent the whole time," Schrider said.

Davis said that drive made Brasky kind of an "old-fashioned coach," but in a good way.

"When we do stuff, he wants us to be perfect and I think that’s what helps us in games," Davis said. "When we’re practicing, we're doing reps over and over and over again and then we’re more prepared than the other team."

Of the three athletes, only Mruczek has another upcoming season with Brasky, and rather than fearing the intensity, he's looking forward to it.

"It makes me want to be successful," said Mruczek, whose goal for 2016-17 is to repeat the trifecta.

The hard work, the focus on success, has helped each of the young men grow, they said, carrying over to school work and the rest of life.

"I think success on the field is helping me to be successful in school, because being on a sports team, it takes hard work and then in the classroom you’ve got to work hard there, too," Mruczek said.

Davis said he thinks he was still pretty young when he first joined the football team and got exposed to the dedication demanded by Briggs, but he learned quickly that dedication and hard work pays off and that has helped him beyond just athletics and even beyond academics.

"At first, I wasn’t really into putting into much time into sports," said Davis, who now intends to attend SUNY Brockport, compete in track and pursue a degree in athletic training. "Once I did, then everything else, plus the sports, I put more time into it, school, helping out in the community. I volunteered for a camp, a football camp for little kids and I never thought I would  do that. I just put time into stuff. It transfers over to everything else and I think it helped me."

There is a clear connection between athletic success and academic and life success, Bromley said. In athletics, you learn about the value of practice and repetition, how to deal with setbacks and how to work on a common goal with others -- all lessons that carry onto all aspects of adult life.

"Sports are life lessons," Bromley said. "That’s pretty much what it is. That’s probably the area in the academic world where you learn it the most. I would say, after school from 3 to 5, those kids are learning life lessons that they’re going to use forever. Hopefully, they leave after this year and they go on and they’re successful in college and they’re successful parents and some of them come back and coach. That would be great."

Follow us on Facebook to stay up to date with current specials and sales. Follow The Hidden Door. Follow Pollyanna & Dot. Two chic stores in one, 202 E. Main St. in Downtown Batavia.

The Drama Club of Elba High School presents a performance tonight that highlights the past 10 years of musicals performed by the Club, including selections from "The King and I," "Willy Wonka and the Chocolate Factory," "Cats" and "My Fair Lady." The performances will be followed by senior awards.

The show starts at 7 p.m. in the Elba Central School theater and tickets are $3 per person.

Press Release submitted by Batavia Outdoor track Coach Nicholas Burk.

Three Batavia track and field athletes will be competing in the 2016 NYSPHSAA Track & Field Championships, today and tomorrow, June 10-11, at Cicero-North Syracuse High School.

Anthony Ray (pictured far left) has had a very dominant spring in the throwing events for the Blue Devils as he was undefeated in the Shot Put and Discus during our Monroe County League schedule, earned 1st Team All Monroe County, and also won Shot and Disc at the Section V Championships.

Batavia has had a boy or girl thrower compete at the State meet, both indoors and outdoors every year under throws Coach Dan Geiger. The Blue Devil's track team is recognized as having a very strong Throws Program over the past decade. Anthony was fortunate to qualify for the Indoor State Championships in the Shot Put and Indoor Nationals in the Weight Throw this past winter and will compete in the Shot and Disc today. He goes into the meet seeded ninth in Shot and 11th in Disc.

Kiaya Franklin will be on the track for her two events as she qualified in the 200m and the 400m. Both of these events will be held today, with the chance to qualify for the finals on Saturday. Kiaya is also coming off a State meet performance for Indoor Track this past winter. Earlier this outdoor season, she captured Section V championships in the 100m, 200m, and 400m. She goes into the State meet this weekend seeded sixth in both her events with a very good chance to medal in both.

Adonis Davis (pictured far right) will compete for the first time at the State Championships for track and field and is seeded third in the Triple Jump. He is coming off a very impressive season having earned 1st team Monroe County in Triple and High Jump and won Sectionals in both events as well. Adonis is considering competing in track and field at Brockport State next year.

All three Batavia athletes helped the track team win Sectional Championships two weeks ago and now have the opportunity for some individual success at States. Good luck to our Blue Devil athletes this weekend in Syracuse.

For complete LIVE results for this weekends New York State Meet click here: http://www.nysphsaa.org/Sports/Spring/Track/ChampionshipNewsVideo.aspx

A car has reportedly hit a tree in the area of 9294 Fargo Road.

Unknown injuries.

Stafford fire and Mercy EMS dispatched.

UPDATE 2:45 a.m.: Mercy Flight requested to the scene. Landing zone is about 20 yards south of Sweetland Road. 

UPDATE 3:20 a.m.: More manpower requested to the scene for search and rescue for a possible third victim.

UPDATE 3:59 a.m.: it's unclear if a third person was involved. The possible third person may have been the driver.  On person transported by Mercy Flight in pain but conscious  Le Roy also on scene  

UPDATE(S) (By Billie) 3:31 a.m.: A Town of Batavia engine and thermal imaging camera are requested to the scene to provide mutual aid, along with a rescue unit and thermal imaging camera from Le Roy, non-emergency mode. An emergency coordinator is also called to the scene. The location is between Sweetland and Clapsaddle roads.

UPDATE 4:39 a.m.: A male was transported via Mercy Flight to Strong Memorial Hospital. A female was taken there by ambulance. The female indicated a third person may have been in the vehicle, but rescuers searched both sides of Fargo Road and after combing the area, found no one. They are wrapping up the search and preparing to leave the scene.

UPDATE (By Howard): The female involved in the accident has admitted she was the driver and there was no third person in the vehicle, according to the Sheriff's Office. The female is identified as Nicole K. Sullivan, 30. She was transported to Strong by Mercy EMS with head and leg injuries. She reportedly told deputies at 5:45 a.m. that she was the driver, after allegedly telling them at the scene, that there was another driver, but couldn't identify him and she didn't know where he went. Additional volunteer firefighters from Stafford, Batavia and Le Roy were called to the scene for a foot search of the area, with the use of FLIR technology. The search failed to locate anybody. The passenger in the vehicle is identified as Zachery W. Schwarts, 20, who was transported to Strong by Mercy Flight #5. He was initially unresponsive when emergency personnel arrived on scene, but was conscious when he was extricated from the vehicle. The investigation is ongoing and charges are pending. The investigation is being conducted by Deputy Eric Meyer, Sgt. John Baicocco and Investigator Joseph Graff.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced that Genesee County Airport will receive $498,750 for construction of a new storage hanger as part of the Aviation Capital Grant Program. $10 million was awarded to 20 applicants across the state through a competitive application process.

“I am pleased to announce that Genesee County Airport will receive nearly $500,000 for upgrades to its infrastructure,” Hawley said. “The airport is an economic and commercial hub for Western New York and very important to the residents of Genesee County.

"I will support any measure that increases airport safety and allows patrons more efficient and comfortable travel. We still have many upstate infrastructure projects that deserve attention and I will be fighting to make sure we receive our fair share.”

Additional grants will be distributed through the Upstate Airport Economic Development and Revitalization competition after the application and selection process has been completed.

Submitted photo: Assemblyman Steve Hawley (R,C,I-Batavia)  greets a veteran in the Assembly Chamber Wednesday.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) on Wednesday met with service women and female veterans in Albany for the Assembly’s annual Women Veterans’ Recognition Day. Hawley is Ranking Member of the Assembly’s Committee on Veterans’ Affairs and served in the Ohio Army National Guard and U.S. Army Reserves.

“I was honored to meet and congratulate these female veterans today in Albany,” Hawley said. “Dating back to the Revolutionary War, women have played a pivotal role in our nation’s military, often serving in combat situations and putting themselves in harm’s way to help us achieve victory.

"Even on the home front, as in World War II, women were paramount in bolstering the workforce and filling positions left by men who were serving in the military abroad. The role of women in our nation’s military is worthy of many accolades and their service will never be forgotten.”

(File photos of last year's Penny Carnival held during the Holland Land Office Museum's History Summer Heroes program.)

Press release:

The theme for the 2016 History Heroes Summer Program is "Carnival Days" at the Holland Land Office Museum. This year the children will work together to create a Penny Carnival.

Each day of the summer program is packed with exciting and educational activities, field trips, games, crafts,and more!

The program ends with the carnival and a multimedia musical production showcasing our local history with the children taking on the persona of a famous Batavian.

The program begins on Tuesday, July 19^th and runs for eight week days (Tues.-Fri.), ending on Friday, July 29^th.  Time is 10 a.m. to 4 p.m. A snack is provided each day, but children must bring their own lunches.

The cost is $25 per day for non-members and $20 a day for museum members. The program is open to children ages 7-12.

Please call the museum at 343-4727 for more information and to save a place for your child.

Press release:

The Batavia Business Improvement District (BID) is pleased to host the Second Annual Beertavia Craft Beer Festival, with major sponsorship by Alex’s Place, on Saturday, June 18th from 3-6 p.m. in the Bank & Alva parking lot (27 Bank St.) in Downtown Batavia.

Advanced purchase tickets are $10 for designated drivers (must be 21 to enter festival), $25 for regular admission and $35 for VIPs. (Tickets on the day of increase to $30 and $40, respectively.) All designated drivers receive complimentary drink and food. A regular ticket holder receives a sampler 5 oz. glass. VIPs receive a 16 oz. pint glass and earlier admission at 2 p.m.

Sixteen breweries will be on hand to serve samples of their craft creations including 42 North Brewing, 810 Meadworks, Abandon Brewing, Amber Lantern Brewing, Bandwagon Brewery, Big Ditch Brewing Co., Community Beer Works, CB Craft Brewers, Ellicottville, Four Mile Brewing, Hamburg Brewing, Ommegang, Resurgence, RG Brewery, Rohrbach Brewing Co., and Southern Tier Brewing Company.

In addition to the breweries, the festival will have a temporary parklet/ biergarten; food from Alex’s Place and other local vendors, and music provided by The Bluesy Band. All persons must be 21 to enter the festival.

Leah J. Wimmer, 23, of Broadway Road, Darien, is charged with second-degree aggravated unlicensed operation, speeding (45 in a 30-mph zone) and unlicensed operation of a motor vehicle. Batavia PD received multiple reports from concerned citizens about a vehicle driving erratically on Clinton Street from the Bergen area shortly after 11 a.m. on June 3. No GC Sheriff deputies or NYS troopers were available. Batavia police located Wimmer driving on Clinton Street heading into the city. A traffic stop was conducted by Det. Sgt. Todd Crossett, assisted by Officer Marc Lawrence. Through the investigation it was discovered that Wimmer's driver's license was revoked. She was arrested and issued tickets. She posted police bail and was released. She is scheduled to appear in City Court at a later date.

Travis Domonic Brooks, 32, of Ellicott Street, Batavia, is charged with criminal obstruction of breathing. He was arrested at 8:07 a.m. on June 6 following an investigation into a domestic incident wherein he allegedly choked another person. He was arraigned and released under supervision of Genesee Justice. He is to return to City Court on July 7. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Sgt. Dan Coffey.

Jamie L. Soto, 41, of West Main Street Road, Batavia, is charged with second-degree harassment. She was arrested at 11:04 a.m. on June 8 after allegedly striking an adult male in the face while at a residence on Liberty Street in the city. She is to be in City Court on June 21 to answer the charge. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Jamie Givens.

Freddie L. Cunningham Jr., 54, of Ellicott Street, Batavia, is charged with second-degree harassment. He was arrested at 8:10 p.m. on June 4 following an incident wherein he allegedly made verbal threats toward another person. He was arraigned in City Court and then released and is due back in court on July 7. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Christopher Lindsay.

Regina M. Iannello, 56, of Platt Avenue, Le Roy, is charged with second-degree criminal contempt. She was arrested at 1:25 p.m. on May 13 after allegedly entering the residence on East Main Street in Batavia of a protected party of a stay away order. She is to return to City Court on June 21. The case was handled by Batavia Police Officer Jamie Givens.

Cody R. Moore, 27, of Clinton Street, Batavia, turned himself in on a bench warrant issued after he failed to appear and failed to pay a fine on a charge of aggravated unlicensed operation in the third degree issued Feb. 18 on West Main Street in the city. He was put in jail on $1,000 bail or $2,500 bond. The case was handled by Batavia Police Officer Jason Ivison.

Isaiah Munroe, 26, of Buell Street, Batavia, is charged with failure to appear. He was arrested after failing to appear in City Court on April 13 to answer a charge after he allegedly drove his vehicle with suspended registration in March. He was processed and released after posting bail and is due in City Court on June 22. The case was handled by Batavia Police Officer Mitchell Cowen.

This is our new bumper sticker. If you would like one, they're free, but we do need a self-addressed, stamped envelope to send it to you.

Mail your envelope to The Batavian, 200 E. Main St., #5, Batavia, NY 14020.

If you are a local business owner and would like a few of these bumper stickers to hand out to your customers, e-mail howard@thebatavian.com.

City firefighters have two new buildings that they can use for training because they are scheduled to be demolished.

Today, a crew practiced a second-floor window escape. The scenario is that a fire has expanded and blocked the stairwell, so the only way out is through a window. A few years ago, the state required fire departments to acquire the necessary equipment to make such escapes possible after a tragedy in NYC where firefighters had to jump from the upper story windows of a burning building.

The new Ladder 15 was used in the training, but only as a safety backup. Typically, the urgency of the situation and the fact Ladder 15 would be tied up on other tasks at the fire scene would mean it wouldn't be available to hoist a backup rope to safety.  

In this scenario, firefighters knocked a hole in a bedroom wall to expose a beam they could use as an anchor for a rope.

The two former houses are on West Main Street, just west of Castilone Chrysler Dodge Jeep Ram. The dealership acquired the property to further expand its new car lot. Demolition is scheduled to begin June 20.

Before then, Batavia's Emergency Response Team will also use the houses for training and drills.

Castilone also just signed a contract to acquire the property at the corner of West Main and Vernon Avenue. That property was once proposed as a new location for an Arby's Restaurant, but the plan met stiff opposition from Vernon Avenue residents. Steve Castilone said he also already met with neighborhood representatives and discussed his plans with them.

"I sat down with them and I told them all, ‘whatever is going to make you people happy, I’ll do,' " he said. " 'If I do something that makes you unhappy, I’ll change it. If I put a light up and it shines in your windows, I’ll move it.’ They asked me to not put a driveway on their street and I said when I’m done I’ll close the driveway off. They were delighted. What would you rather have, a drive-thru Arby’s on the corner or stationary parked cars?”

Philip R. Ayala accepted a plea deal today in Genesee County Court to a Class B non-violent felony of criminal possession of a controlled substance in the third degree. He will be sentenced at a later date this summer.

The former crack cocaine dealer and felon who once lived on Summit Street in the City of Batavia is now serving eight years in prison on other drugs charges prosecuted in Orleans County.

Acting Judge Michael F. Pietruszka can impose a sentence of anywhere from two to 12 years on the new charge, with one and a half to three years post-release supervision. Whatever sentence the judge decides will run concurrently with the defendant's existing sentence, under terms of the plea bargain. Ayala waived his right to any appeal.

Pietruszka ordered a pre-sentence report for Ayala, who is about 5'8" and slightly built.

When asked by the judge this morning, Ayala admitted to possessing (crack) cocaine with the intent to sell it last July in the city. That was while he was living on Vine Street in Batavia.

He was arrested on a sealed warrant out of Orleans County and had 62 bags of crack cocaine in his possession when they found him.

Ayala was out on bail awaiting sentencing in August. He had pled guilty to a Class C felony for fourth-degree criminal possession of a controlled substance stemming from a raid by law enforcement in Orleans County in December 2014. He was to get no more than five years in prison IF he didn't break the law prior to his sentencing.

As it stands, if he gets the maximum of 12 years, in addition to the eight he's already serving, that's four more years.

As was the case in April when today's plea cut-off date was set, there were several friends and family members in the gallery, tots to middle age, pointing, smiling and silently mouthing words. When his case ended, they stood and again said "Love you bro' " "Keep your head up!"

Local law enforcement officers -- including troopers, deputies and police officers, carried the Special Olympic torch in a run from Elba to Batavia, finishing at the ARC center on Oak Street.

Last evening, England’s rock band Bad Company opened the 2016 Darien Lake summer concert series.

The 43-year-old band has a 28-city U.S. tour planned before heading overseas to the United Kingdom this fall. They played some hits like “Ready for Love,” “Rock 'n' Roll Fantasy” and “Feel Like Makin' Love."

Singer Paul Rodgers captured the standing crowd grooving to their classic hits one after another.

Joe Walsh is a seasoned veteran of the music scene, having played in five successful bands, one of which was The Eagles. He did not disappoint on Tuesday night with his band, which opened for Bad Company. 

The 68-year-old performed some hits from previous bands including “Life in the Fast Lane," "Take it to the Limit” by The Eagles. From the band James Gang he performed “Walk Away” and "Funk #49."

Joe. also known as “The Clown Prince of Rock,” entertained the crowd with fascinating facial expressions through his 80-minute set, readying them for headliner Bad Company.

Country music star Miranda Lambert will be coming up later this month for the next concert at Darien Lake. 

For the complete summer lineup visit: https://www.darienlake.com/concerts

Joe Walsh and his band:

That last community fundraiser you went to with a chance auction (often called a Chinese auction) and a 50-50 raffle, it probably violated state law.

These common fundraising tactics used frequently by groups coming together for a sudden and unexpected hardship or tragedy that hits a member of our community are not allowed by state law, according to Rich Kaczynski, from the New York State Gaming Commission, who spoke Tuesday night at the South Byron Fire Hall.

The event, hosted by the South Byron Volunteer Fire Department, was prompted by the recent discovery by several local volunteer departments that their longtime fundraising events may have, at best, skirted the edge of state law.

This year, Stafford fire canceled its Corvette raffle and Town of Batavia fire canceled its annual Harley raffle. In both cases, the departments are looking to better understand the law.

Kaczynski's department regulates four types of games of chance -- bingos, raffles, bell jar tickets and casino night type of games.

The state allows certain types of nonprofit groups to use these games as fundraisers, including volunteer fire departments, service organizations, fraternal groups, veterans groups and religious organizations.

For bingos, the group need only have existed one year before applying for a license, but for all other games of chance allowed by the state, the organization must have existed for at least three years.

It's that last provision that may most frequently put community fundraisers for victims of hardship into legally questionable territory. Often these efforts are created by ad hoc groups of people who are friends of the family and are not legally established groups in existence for at least three years. 

Sometimes, these raffles are organized by established nonprofits, but if the fundraising isn't for the legally defined purpose of the group, then it also runs afoul of state regulation, according to Kaczynski. For example, a volunteer fire department can't hold a raffle to raise money for a member stricken by cancer.

To assist that cancer victim, there would need to be a three-year-old organization with the express mission of raising money for cancer victims, or similar hardships.

For the sake of extending the example, then, Genesee Cancer Assistance could host such a raffle, but only members of Genesee Cancer Assistance could conduct the raffle, and to be a member eligible to conduct the raffle, you must be a member for a least a year prior to the raffle.

The good news, perhaps, is that for small organizations, the bureaucracy of fundraising through games of chance isn't quite as cumbersome as it is for groups raising larger sums of money.

Groups that will hold raffles that generate a profit of more than $5,000 on a single raffle, or whose total profit for the year on raffles exceeds $20,000 in profit fall into Category 2 of New York gaming law and have more paperwork to deal with. Groups that reach Category 1 have more paperwork and pay a 2-percent tax on profits over $30,000 in a calendar year.

If your raffle efforts fall in Category 3 (below $5,000 in profit on a single auction, less than $20,000 profit in a year), you can self-define your group as meeting state requirements for existing for three years (or a year for bingo), not meeting the profit thresholds, falling within the proper categories for games of chance, and managing your funds within state guidelines.

Groups in categories 2 and 3 must register with the state and once they receive a state ID number, apply for a license from the town, village or city clerk where the group is organized.

In all three categories, if they want to sell raffle tickets outside of their home jurisdictions, they can sell only within jurisdictions within their same county and in the municipalities in counties contiguous with their home county. They cannot venture outside of that group of contiguous boundaries to sell tickets. For example, no selling tickets to your cousin in California. If your cousin from California wants a raffle ticket for your gun raffle in South Byron, he must fly to Buffalo, drive to South Bryon, enter your fire hall and buy a ticket with cash, and only cash.

In order for a group in any of the three categories to sell in a contiguous jurisdiction, they must request a letter of authorization the municipality's clerk. For example, if you're a volunteer with the South Byron Fire Department and you work at Graham Manufacturing, your department needs authorization from the City Clerk of Batavia in order for you to sell raffle tickets to your coworkers.

That applies to every single possible contiguous jurisdiction. If there are 20 contiguous municipalities, the organization needs 20 different letters of authorization.

If you're a business owner and a volunteer with South Byron and your business is located in the Town of Byron, you can sell raffle tickets at your business, but your employees can't sell raffle tickets unless they're related to you by blood or marriage.

A volunteer fire department can get a license to fund raise through a game of chance, but in order for the Ladie's Auxillary to help with that fundraiser, it must get its own state ID, and the same applies for the "Sons of" organizations. With all three groups properly licensed, and duly noted on the proper paperwork, they can assist each other in games-of-chance fundraisers, but otherwise, only members with at least a year of membership can participate.

If you want to hold a casino night, the gaming implements must be owned by the organization or rented from a licensed company, or, if approved, borrowed from an organization that owns the tables and wheels and cards and dice. Only members of the organization can deal cards or spin roulette wheels.  

Even if your casino night doesn't have a buy in, if it's based on chance and has prizes, it's regulated by the state.

If you're running a game that isn't authorized by the gaming commission regulation -- such as a Texas hold 'em tournament -- you're likely violating state antigambling laws.

Your blackjack tournament? It's allowed, but it must be run precisely according to state regulations.

Repeatedly during the presentation, Kaczynski had to remind audience members he was just repeating state law. He doesn't make state law or control state law. That's up to the Legislature, or up to the gaming commission's attorneys to interpret. 

There is legislation pending, supported by Assemblyman Steve Hawley, to help take away some of the difficulties being faced by local groups that have long relied on raffles as primary fund-raising tools.

There are local car dealers upset about a dealer from Dunkirk setting up a temporary sales lot in Batavia this weekend, not because they fear the competition, but because the Dunkirk dealer is taking advantage of a loophole in state law to unfairly compete with their established businesses.

The law isn't just about protecting existing dealers, they say, it's also meant to protect consumers from fly-by-night used car salesmen who don't stick around to service what they sell.

"They move into a small market where they can clobber people over the head and then they leave," said Steve Castilone, co-owner of Castilone Chrysler Dodge Jeep Ram on West Main Street, Batavia. "That’s what they do. They ram them into a car and then they leave."

Just a few years ago, tent-sale dealers would come to town with their temporary lots, blanket the community with mailers, make a few sales and leave, but the law was changed to require a fixed and physical location before the dealer could receive a license. The Dunkirk dealer, Larry Spacc, has leased office space at 4152 W. Main Street Road, in the Valu Plaza.

Castilone thinks the operation is a sham. He's complained to the Niagara Frontier Automobile Dealers Association, supplying a video taken shortly after Spacc's last sale five months ago. It shows a lot once filled with used cars, by then filled with only potholes, and shots through the windows of Spacc's strip mall office space filled with nothing but promotional posters on the wall and a lone motorcycle. There wasn't a single desk or phone line anywhere in sight.

Greg Strauss, Castilone's business partner, calls these operations, "ghost dealers." He'd like to see them shut down.

When The Batavian attempted to contact the local dealership Tuesday afternoon for comment, a man named Nick answered the phone. We identified ourselves and said we were writing a story about the dealership. There was muffled talk over the earpiece and then Nick came back on the line and said his two managers had just left to get a bite to eat and one of them would return the reporter's call when they returned. No call was returned.

Pending legislation wouldn't close up such temporary dealerships completely, but it would make it harder for them to operate. It would require temporary lots to be set up only within 20 miles of the main dealership. In Spacc's case, Dunkirk is 87 miles from Batavia.

"We do these sales," said Castilone pointing to Spacc's latest mailer, "but I’m not trying to whack you over the head. I’m not trying to sell you a bill of goods. I’m trying to sell you a car. It costs us millions of dollars to be here every year, millions in overhead, and then you have some fly-by-night come in with an $800 storefront and sells you a car and you buy because you think it’s cheaper. It’s not cheaper. It’s more money and the interest rate is going to be higher. I wouldn’t mind if they were doing this sale and they were still down at the end of the street next week."

Guy Pellegrino, Pellegrino Auto Sales of Batavia, shares the concerns of Castillone and Strauss. He's put a lot of money into his business, pays property taxes, employs a local staff and is concerned that a "fly-by-night" operation isn't there to provide support after the sale.

"Competition is a good thing and we all get along well (in town)," Pellegrino said. "We all survive together. But when somebody comes in and sets up a tent, tries to push cars, I don’t agree with that. I don’t like it and I don’t agree with it."

Pellegrino employs 12 people, all local residents, and he recently completed a $300,000 expansion of his facility. That's an investment Spacc hasn't made in our community, he said, nor is Spacc out donating to local charities, sponsoring youth sport teams or showing up at community events.

"We’re here making an investment in the community and doing the best we can for our people and they’re going to sell you an overpriced car with all the gimmicks, and you will likely have issues and where are you going to go?" Pellegrino said. "There’s nothing there.” 

The sales people at these temporary lots are rarely local residents. The temporary lots most often hire experienced used car sales reps from all over the country, people with experience in the hard sell, both Pellegrino and Castilone noted.

The flier you get in the mail may say "sale," and proclaim limited availability, but don't be fooled, the local dealers say, the temporary dealer is out to maximize profits. Putting the right deal together for the customer is the furthest thing from the sales rep's mind.

“You spend all that money and do you really want to deal with a guy who is going to be gone? Here today, gone tomorrow?" Castilone said. "But not everyone understands that when they get one of these fliers in the mail.”

If you walk onto the lot, Pellegrino said, expect the hard sell. Yeah, the local dealers, like any small business, are out to make a buck, but Pellegrino said that at the end of the day, he knows if he sells you a car, he might see you at the next community event he attends. He wants to be able to look you in the eye and be proud of the business he conducted with you.

"(The tent sale) is a circus show," Pellegrino said. "They take the slickest, sharpest sales people and they’re going to make the most money they can on you and they will never see you again and you’ll never see them again. For us, we’re here, we’re in your community, we’re at all of your community events, we sponsor you and support you. Support us and forget the circus show, because that’s all this is is a circus show. "

Castilone employs more than 35 people and Castilone and Strauss have invested more than $2.5 million in remodeling and expanding their business, with another expansion just starting that will raise the total investment to more than $3 million. They pay local taxes on all that property.

Asked about the support Castilone provides to local charity, Steve said they don't normally seek publicity for their contributions, but they support local youth sports teams, sponsor four local charity golf tournaments and recently made a $5,000 contribution to the YMCA for the Y's youth camp. That donation will probably send 20 kids to camp this summer, Strauss said.

"When we did it, my sales manager said we should call the media, get some publicity for it," Castilone said. "I told him, 'no, we know we did it, that's all we need.' We didn't do it for the publicity. We did it because we care about our community."

Yes, Spacc is a fellow auto dealer and yes, Castilone said, his quotes in the media about his practices might upset him, but he said he wasn't worried about that.

“I want him to know that he’s in my backyard and this is our area, so go to Dunkirk and sell your cars to your own community, or open up a legitimate business and stay open 365 days a year where people can call you and come back to you again, and open a shop so you can fix these people’s cars," Castilone said. "Then you know what, it’s all fair competition.”